Nothing boilerplate about itThe case at issue involved a suit by an individual who suffered from asbestos mesothelioma. The individual, a former steam plant employee, claimed he was exposed to asbestos emanating from a boiler’s insulation at the plant. The boiler was approximately 13 stories tall, weighed several tons, undisputedly contained asbestos products in its insulation and was installed in 1955. The individual filed suit against the company that designed the boiler.

Prior to trial, the company argued that the case should be dismissed because it was barred by a statute of repose prohibiting asbestos personal injury claims filed more than 12 years after an entity designed, planned, supervised or observed the construction of, or constructed any improvement to real property. The court, however, did not agree with the company, and the case proceeded to trial, resulting in a $3 million dollar award to the individual and $1.5 million dollar award. However, the verdict was substantially reduced in light of other liable parties that settled with the individual before trial.

Both parties appealed the decision. Ultimately, the appellate court did not agree with the trial court’s denial of the company’s last attempt to have the case dismissed, reversing the case in favor of the employer.

So, you mean there is an expiration date in Pennsylvania?Yes, at least for now, there is a 12-year statute of repose for improvements to real estate in asbestos cases. The core dispute between the parties concerned language in a court case that suggested personal injury asbestos claims have no expiration date, which is the case in some jurisdictions. Here, however, the court focused on Pennsylvania’s statutory law and found that there was a clear and definite 12-year statute of repose that applied. Thus, the individual should have filed suit by 1967 (12 years after the boiler was installed) to proceed with the lawsuit.

The parties also argued regarding other issues, such as whether the boiler was a fixture that became part of the real property and whether the company merely supplied the materials for the boiler, instead of designing and constructing the boiler. Those issues were important to the underlying decision but were very dependent upon the language in Pennsylvania’s statute.

TakeawayWhile this case is not the typical construction case, it provides some insight regarding potential asbestos liability faced by companies. Those in the construction industry may want to take a look at this case, Graver v. Foster Wheeler Corp., as it discusses several legal issues that construction companies face, such as the difference between statutes of limitation and statutes of repose, factors to consider in determining if an object becomes a part of real estate and the treatment of asbestos claims in other jurisdictions.

Richard Busch was quoted in The Hollywood Reporter and USA Today about his representation of Jillian Michaels and prevailing against Lion’s Gate. Read the articles here:The Hollywood ReporterUSA Today

Richard Busch interviewed by the BBC in London about U.S. Copyright Law and some of the recent cases on which he has worked. Listen to the interview here.

Richard Busch was cited in The Hollywood Reporter about Ed Sheeran settling the lawsuit over the hit song Photograph.Read the article here.

Eddie Wayland was featured in an article in the Tennessee Trucking News magazine, the official magazine of the Truckload Carriers Association.Read the article here.

Doug Piercewas quoted in the Nashville Post regarding King & Ballow’s victory over the City of Nashville; at issue was the ‘promptness’ for producing records under the Tennessee Public Records Act. A judge ruled the City violated the statute.Read the article here.

Richard Busch was quoted on Law.com about his legal background, experience with copyright infringement cases, and the ‘Blurred Lines’ appeal.Read the article here.

King & Ballow congratulates Eddie Wayland for being named to the 2017 edition of The Best Lawyers in America in the practice areas of: Employment Law - Management, First Amendment Law, Labor Law - Management, Litigation - Labor and Employment and Transportation Law. Mr. Wayland has been consistently recognized by his peers and named to the publication for over 25 years.Read more here.

Richard Busch most recently obtained a favorable decision by the United States Court of Appeals, reversing the district court, and holding that the author of the "Iron Man Theme" from Marvel's "Iron Man" television show, and movies, had submitted sufficient evidence that his creation was not a "work for hire" in order to proceed to trial on his copyright infringement claim. The full decision can be accessed here.

King & Ballow congratulates Eddie Wayland for being featured in an article in the Tennessee Trucking News magazine, the official magazine of the Truckload Carriers Association.Read the article here.

King & Ballow congratulates Richard Busch for being named to Billboard Magazine’s 2016 “Music Industry's Top Lawyers.”Read more here.

Richard Buschwas quoted in Rolling Stone Magazine on the new 'Stairway to Heaven' case.Read the article here.

Eddie Wayland is featured in the Truckload Authority magazine, the official publication of the Truckload Carriers Association in the article, “Labor Pains: New Labor Laws Could Cause You Pain If You Are Not Prepared.” Read the article here.Richard Busch takes on another high-profile copyright infringement case.Read the article here.

King & Ballow congratulates Eddie Wayland for being named to the 2016 edition of The Best Lawyers in America, wherein the top 4% of attorneys in the country are recognized. Mr. Wayland has been consistently named to the publication for over 25 years.Read more here.

King & Ballow congratulates Richard Busch for being named to Billboard Magazine’s 2015 “Music's Most Powerful Attorneys,” where he was one of only four litigators named.Read more here.

Richard Busch was a featured litigator in Billboard Magazine regarding the “Blurred Lines” case.Read the article here.

Richard Busch appeared on America’s Newsroom this morning to discuss Bill Cosby’s 2005 admission to purchasing Quaaludes to drug women.Watch the video here.

Richard Busch is frequently asked to discuss legal issues on Fox Business News. He recently appeared to discuss the class action lawsuits filed against Manny Pacquiao, and others, related to the alleged non-disclosure of a shoulder injury prior to the fight against Floyd Mayweather.Watch the video here.

King & Ballow congratulates Paul Duvall for being named to Martindale Hubbell Top Lawyers list for Wage & Hour for 2014 and 2013. Click here to read the article.

King & Ballow congratulates Richard S. Busch for being named to the Hollywood Reporter's 2013 list of the top 100 entertainment lawyers in the United States. This is the second year in a row Mr. Busch has been so honored. Mr. Busch, who has been with King & Ballow since 1991, is the partner in charge of the Firm's Entertainment and Intellectual Property sections.Click here to read the article.

Steve Douse was quoted in the article, National Newspaper Association Challenges Valassis, Inc. | Post Deal in Federal Court. Regarding competition with the USPS, Douse said, “It forces firms to compete with the Postal Service and Valassis with one hand tied behind their backs.”Click here to read the article

Richard Busch'sForbes Magazine article, Fighting For The Right To Superman's Copyright: More Brutal Than Anything Lex Luthor Could Have Imagined Click here to read the full article.